Summary: We will not investigate this complaint about noise and pollution at a building site. The Council’s consideration of noise concerns is continuing, so an investigation into this point would not lead to a worthwhile outcome now. There is not enough evidence of fault in the Council’s action on Mr X’s concerns about asbestos. And we cannot stop the development, therefore we cannot achieve the outcome Mr X is seeking.

The complaint

1. Mr X complains about a noise and pollution at building site near his home. He wants the development stopped.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service but must use public money carefully. We do not start or continue an investigation if we decide:

• We have not seen enough evidence of fault to justify investigating, or
• we cannot achieve the outcome someone wants, or
• there is no worthwhile outcome achievable by our investigation.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

3. I considered information provided by Mr X and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. The Council has confirmed commercial construction noise is allowed Monday to Friday 7am to 7pm and Saturday 8am to lunchtime. No noisy work is allowed on Sundays or bank holidays.
6. Mr X reported noise from radios on the building site. The Council confirmed it has a continuing investigation into Mr X’s reports of nose from the building site. It has also advised Mr X that it must witness a statutory noise nuisance to act. As an investigation is continuing, there is no worthwhile outcome from an investigation at this time.
7. Mr X also raised concerns about asbestos on the site. The Council advised it is common for garages of a certain age to include materials such as corrugated asbestos roofs. It also advised any asbestos should be identified by the developers and managed correctly. Asbestos fibres are considered safe while they are encapsulated, but this may change if the roofing material is damaged.
8. The Council told Mr X to report his concerns about asbestos to its Environmental Health Team or the Health and Safety Executive.

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Final decision

9. We will not investigate Mr X’s complaint because:
• His complaint about noise nuisance is continuing and an investigation now would not lead to a different outcome. If Mr X is dissatisfied with the outcome of the Council’s investigation into this matter, he can make a complaint to the Ombudsman.
• There is not enough evidence of fault in the Council’s response to Mr X’s concerns about asbestos. He can report his concerns to the Environmental Health team or the Health and Safety Executive.
• We cannot stop the development, so we cannot achieve the outcome Mr X is seeking.

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Investigator's decision on behalf of the Ombudsman